New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Complex Lit Blog

Forum Non Conveniens — Russia Is an Adequate Alternative Forum for RICO Case, Despite Having No RICO Equivalent, Where Some Aspects of the Dispute Are Subject to Russian Law — Foreign Law Must Apply at Least in Part for FNC Transfer

Archangel Diamond Corp. v. OAO Lukoil, 2016 U.S. App. LEXIS 2240 (10th Cir. Feb. 9, 2016): Plaintiff Archangel Diamond Corporation Liquidating Trust, as successor-in-interest to Archangel Diamond Corporation (collectively, "Archangel"), appeals the dismissal of its civil case against defendant OAO Lukoil ("Lukoil") ...
Archangel Diamond Corp. v. OAO Lukoil, 2016 U.S. App. LEXIS 2240 (10th Cir. Feb. 9, 2016): Plaintiff Archangel Diamond Corporation Liquidating Trust, as successor-in-interest to Archangel Diamond Corporation (collectively, "Archangel"), appeals the dismissal of its civil case against defendant OAO…
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Wayback Machine Authenticated by Affidavit from Archive.com Office Manager

Stabile v. Paul Smith Ltd., 2015 U.S. Dist. LEXIS 101291 (C.D. Cal. July 31, 2015): Stabile stated during her January 13, 2015 deposition that Extrapolations # 3 has appeared on her website, but she could not remember when it appeared, and it does not appear there now. (Stabile Depo. 108:24-109:6.) Stabile states in h ...
Stabile v. Paul Smith Ltd., 2015 U.S. Dist. LEXIS 101291 (C.D. Cal. July 31, 2015): Stabile stated during her January 13, 2015 deposition that Extrapolations # 3 has appeared on her website, but she could not remember when it appeared, …
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Texts Authenticated by Arrival at Meeting Arranged on Phone, and Carrying Phone, Witness Had Texted & Which Contained Witness’s Number — Facebook Messages Authenticated by Exchange of Phone Numbers Used to Text

Boyd v. State, 2015 Miss. LEXIS 204 (Miss. S.Ct. April 30, 2015): ¶1. This appeal arises from the conviction of Tyrone Boyd under Mississippi Code Section 97-5-33(6) for the exploitation of a child. Following conviction, the Circuit Court of Lauderdale County sentenced Boyd to a term of twelve years imprisonment with seven y ...
Boyd v. State, 2015 Miss. LEXIS 204 (Miss. S.Ct. April 30, 2015): ¶1. This appeal arises from the conviction of Tyrone Boyd under Mississippi Code Section 97-5-33(6) for the exploitation of a child. Following conviction, the Circuit Court of Lauderdale…
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Email Admissibility — Hearsay Statements of Principal to Coaches Advising They Consult Counsel Not within Scope of Her Employment with School — Co-Conspiracy Exception Requires Factual Predicate That Conspiracy Exists

Bigge v. Dist. Sch. Bd. of Citrus Cnty., 2015 U.S. Dist. LEXIS 31181 (M.D. Fla. Mar. 13, 2015): Plaintiffs William Bigge, Karen Bigge, Wayne Canfield, and Laurie Canfield are the parents of three female former students at Citrus High School.1 Between December 2008 and January 2009, while their daughters were students at the ...
Bigge v. Dist. Sch. Bd. of Citrus Cnty., 2015 U.S. Dist. LEXIS 31181 (M.D. Fla. Mar. 13, 2015): Plaintiffs William Bigge, Karen Bigge, Wayne Canfield, and Laurie Canfield are the parents of three female former students at Citrus High School.1…
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Inherent Power Sanctions — Violation of Court Orders Constitutes Bad Faith

Sandifer v. Gusman, 2015 U.S. App. LEXIS 22277 (5th Cir. Dec. 21, 2015): Appellant John Courtney Wilson attempted to represent Plaintiff Kendrica Sandifer in multiple suits brought against members of the Orleans Parish Sheriff's Office. The district court denied Wilson's motion to enroll as co-counsel in the original s ...
Sandifer v. Gusman, 2015 U.S. App. LEXIS 22277 (5th Cir. Dec. 21, 2015): Appellant John Courtney Wilson attempted to represent Plaintiff Kendrica Sandifer in multiple suits brought against members of the Orleans Parish Sheriff's Office. The district court denied …
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Appeals — Purely Conclusory Arguments Are Insufficient to Invoke Appellate Review and Are Disregarded — Award of Attorney’s Fees in Excess of Amount Recovered Upheld

Miller v. Wulf, 2015 U.S. App. LEXIS 20866 (10th Cir. Dec. 2, 2015): Arthur S. Wulf, an Illinois attorney representing himself, appeals the district court's orders granting the plaintiff's motion for summary judgment, Miller v. Wulf, 84 F. Supp. 3d 1266 (D. Utah 2015), and denying his motion for sanctions. We affirm.< ...
Miller v. Wulf, 2015 U.S. App. LEXIS 20866 (10th Cir. Dec. 2, 2015): Arthur S. Wulf, an Illinois attorney representing himself, appeals the district court's orders granting the plaintiff's motion for summary judgment, Miller v. Wulf, 84 F. Supp. 3d…
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Removal — Is There a Futility Exception to § 1447(c)’s Command That, If District Court Lacks Subject Matter Jurisdiction over a Removed Action, “The Case Shall Be Remanded”? — Circuit Split

Sibley v. McConnell, 2015 U.S. Dist. LEXIS 138820 (D.D.C. Oct. 13, 2015): The text of the removal statute is unequivocal: it instructs that "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." 28 U.S.C. § 1447(c) ...
Sibley v. McConnell, 2015 U.S. Dist. LEXIS 138820 (D.D.C. Oct. 13, 2015): The text of the removal statute is unequivocal: it instructs that "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, …
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Judicial Notice of Internet Evidence — County Attorney’s Website = Official Record and Contents Fall within Hearsay Exception of Rule 803(8)

Shook v. Pitkin Cnty. Bd. of Cnty. Comm’rs, 2015 Colo. App. LEXIS 911 (Colo. Ct. App. June 18, 2015): Footnote 4   The district court denied Shook's request to take judicial notice of the county attorney's website. However, Shook supplied a copy of the webpage ( http://www.aspenpitkin.com/Departments/Attorney-Pitki ...
Shook v. Pitkin Cnty. Bd. of Cnty. Comm’rs, 2015 Colo. App. LEXIS 911 (Colo. Ct. App. June 18, 2015): Footnote 4   The district court denied Shook's request to take judicial notice of the county attorney's website. However, Shook supplied a …
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Judicial Notice of Internet Evidence — Party’s Admissions in Prior Lawsuit in Same Court

Martin v. Duffy, 2015 U.S. Dist. LEXIS 175102 (D.S.C. Dec. 30, 2015): The plaintiff, Anthony Fred Martin, a self-represented state prisoner, brings this civil rights action pursuant to 42 U.S.C. § 1983. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.). Plaintiff is an inmate at ...
Martin v. Duffy, 2015 U.S. Dist. LEXIS 175102 (D.S.C. Dec. 30, 2015): The plaintiff, Anthony Fred Martin, a self-represented state prisoner, brings this civil rights action pursuant to 42 U.S.C. § 1983. This matter is before the court pursuant to…
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Judicial Notice of Internet Evidence — Legal Organization of Putative Entities from Government Party’s Website — Analysis May Encompass Notice of Any Party’s Website for This Purpose

Burris v. Nassau Cnty., 2015 U.S. Dist. LEXIS 166428 (E.D.N.Y. Dec. 11, 2015): The Moving Defendants seek summary judgment as to all claims against Defendants Nassau County Police Department, Nassau County Sheriff's Department and Nassau County Corrections Department,3 arguing t ...
Burris v. Nassau Cnty., 2015 U.S. Dist. LEXIS 166428 (E.D.N.Y. Dec. 11, 2015): The Moving Defendants seek summary judgment as to all claims against Defendants Nassau County Police Department, Nassau County Sheriff's Department and Nassau County Corrections Department,3 arguing …
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Recent Posts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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